Lawsuit against UAB
Lawsuit against UAB
See the story on the front page of www.cnn.com 15 year old girl, youngest college student in the state, suing the university for $40M. She claims that the university denied her her rights to an education by allowing her to become addicted to sex and drugs...
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Yosselle
- Posts: 45
- Joined: Sun May 06, 2001 6:01 am
- Location: Massachusetts commonwealth uSA
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Lawsuit against UAB
Here is a more specific URL: http://www.cnn.com/2001/LAW/08/31/uab.lawsuit/index.html.
Now, as to the case... If a breach of contract (between the university and the girl and her parents) occurred, the matter should be taken up in civil court. If crimes against the girl (ie. rape, etc) were committed, then the specific perpetrators should be criminally prosecuted.
I do not believe that the university can be held civilly liable for failing to prevent the criminal acts of individuals. No more than police officers can be held liable for failing to arrive at a 911 scene in time to prevent a crime.
Bottom line - all university "guarantees" notwithstanding, the girl's parents knowingly put the girl at risk (otherwise they wouldn't have needed the university's guarantees) by sending her to the school. If I were (a lot) more cynical, I would "follow the money" (or promise of money) and question the parents motives from day one.
Yosselle
Now, as to the case... If a breach of contract (between the university and the girl and her parents) occurred, the matter should be taken up in civil court. If crimes against the girl (ie. rape, etc) were committed, then the specific perpetrators should be criminally prosecuted.
I do not believe that the university can be held civilly liable for failing to prevent the criminal acts of individuals. No more than police officers can be held liable for failing to arrive at a 911 scene in time to prevent a crime.
Bottom line - all university "guarantees" notwithstanding, the girl's parents knowingly put the girl at risk (otherwise they wouldn't have needed the university's guarantees) by sending her to the school. If I were (a lot) more cynical, I would "follow the money" (or promise of money) and question the parents motives from day one.
Yosselle
Lawsuit against UAB
Perhaps we can get some input from some of the great legal minds on the forums? 
Alan?
This is an awful tragedy for the girl, but IIRC, there is plenty of legal precident that falls on the side of the University. It has been held in the past that Universities have no duty to act In Loco Parentis (forgive me if I spelled that wrong). The doctrine is basically, that Universities do not have any duty to act in the place of or to replace the absense of the parents. It is assumed by the courts (and by most reasonable people) that one who is mature enough to attend a University is also mature enough to handle their own affairs. We all know of the students who "blow it" by going away from home for the first time ever and who flunk out, not for a lack of intelligence, but because they partied all night and overslept through classes on a routine basis. Universities have been sued over that and the courts have always ruled in favor of the Universities. (AFAIK) Generally, the decision includes some admonishment to the suing student that "once you've gained the maturity, you can try it again."
OTOH, at 15 years old and at a University, there may very well be grounds for statutory rape charges...
Alan?This is an awful tragedy for the girl, but IIRC, there is plenty of legal precident that falls on the side of the University. It has been held in the past that Universities have no duty to act In Loco Parentis (forgive me if I spelled that wrong). The doctrine is basically, that Universities do not have any duty to act in the place of or to replace the absense of the parents. It is assumed by the courts (and by most reasonable people) that one who is mature enough to attend a University is also mature enough to handle their own affairs. We all know of the students who "blow it" by going away from home for the first time ever and who flunk out, not for a lack of intelligence, but because they partied all night and overslept through classes on a routine basis. Universities have been sued over that and the courts have always ruled in favor of the Universities. (AFAIK) Generally, the decision includes some admonishment to the suing student that "once you've gained the maturity, you can try it again."
OTOH, at 15 years old and at a University, there may very well be grounds for statutory rape charges...
